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<br />2. Drivers shall be advised by the City ofthe resources available to them.iJLuuuu <br />evaluating and resolving problems associated with misuse of alcohol or use of controlled <br />substances. <br /> <br />3. A driver who engages in a prohibited alcohol or controlled substance activity and <br />receives a verified positive drug or alcohol test result, on the first occurrence, may be <br />subject to disciplinary action as indicated in the City's personnel policy, Section 218.08 <br />(6), ofthe Elk River City Code, but will not be subject to discharge unless: <br /> <br />A. the driver refuses to meet with a substance abuse professional for the <br />purpose of an evaluation for alcohol/controlled substance use/abuse and <br />recommendations for an educational, counseling or treatment program; or <br /> <br />B. the driver fails to enter the recommended program, or fails to <br />successfully complete the program; or <br /> <br />C. the driver fails a retum-to-duty alcohol and controlled substance test at <br />the successful completion of the recommended program or subsequent <br />unannounced follow-up alcohol and controlled substance testing. <br /> <br />4. A driver who engages in a prohibited alcohol or controlled substance activity and <br />receives a positive drug or alcohol test will be evaluated by a substance abuse <br />professional (SAP) who will determine what assistance, if any, the driver needs in <br />resolving problems associated with alcohol misuse and controlled substances use. If that <br />evaluation determines that the driver has a chemical dependency or abuse problem, the <br />SAP will give the driver an opportunity to participate in an appropriate program as <br />identified at the driver's own expense or pursuant to coverage under a driver benefit <br />plan. In such case, the driver may use accumulated vacation or sick leave. If no vacation <br />or sick leave is available, the driver will be placed on an unpaid medical leave of <br />absence. <br /> <br />5. When a driver has a subsequent violation of any prohibited alcohol or controlled <br />substance activity within five years of the first offense, the driver shall be terminated <br />from employment. <br /> <br />6. Each driver identified as needing assistance in resolving problems associated <br />with alcohol or controlled substances shall be evaluated by a substance abuse <br />professional to determine that the driver has followed the rehabilitation program <br />prescribed. If a driver either refuses to participate in a rehabilitation program specified <br />by the SAP or fails to successfully complete the program as determined by the SAP, the <br />appointing authority may take whatever disciplinary action, including termination of <br />employment, that it deems appropriate, as indicated in Section 218.08 (6), of the Elk <br />River City Code. <br /> <br />7. Before a driver returns to duty requiring performance of a safety-sensitive <br />function, he/she shall undergo acetum-to-duty test with a result indicating a breath <br />alcohol level ofless than 0.02 if the conduct involved alcohol, or a controlled substance <br />test with a verified negative result if the conduct involved controlled substance use. If as <br />a result of violation of this policy the driver cannot return to work for an undetermined <br />period of time, the driver may use accumulated vacation or sick leave. Ifno vacation or <br />sick leave is available, the driver will be placed on an unpaid medical leave of absence. <br /> <br />page 11 <br /> <br />{ Deleted: in evaluating <br />